Daly v. Exxon Corp

In Daly v. Exxon Corp. (1997) 55 Cal.App.4th 39, the court reversed a judgment of dismissal entered after the trial court sustained a demurrer without leave to amend plaintiff's fourth amended complaint. (Daly v. Exxon Corp., supra, 55 Cal.App.4th at pp. 41-42.) The appellate court agreed that plaintiff could not state a cause of action for wrongful termination in violation of public policy, but concluded that the trial court had not properly considered plaintiff's claim for statutory damages under Labor Code section 6310, subdivision (b). (Id. at pp. 43-44.) Although its analysis did not include a discussion of whether exhaustion of administrative remedies was required (see ibid.), the court's conclusion included the following sentence, "There is no requirement that plaintiff exhaust her administrative remedies with the Labor Commissioner," and cited two cases from the 1980's, both of which antedate the Supreme Court's analysis in its 2005 Campbell decision. (Id. at p. 46.)